Monday, April 27, 2009

Stewart Wills

Samuel Stewart of Rowan County dated his will Aug 20, 1768, and it was witnessed by Preston Crawford, Elizabeth Winscott, and O. Harvey; the will was proved on Aug 4, 1770 in Rowan County. The executors were his sons David and Samuel. In the will Samuel gave all his movable estate to his wife Lydia and left the tract of land on which he lived to his sons Joseph and Benjamin, to be equally divided. [Wes Patterson note: this was the 508 acres on Stewart's Branch aka Tomahawk Branch, later sold in the 1770's to Matthew Brooks.]

In the name of God, Amen, I Samuel Stewart, being weak in body but in perfect mind and memory, thanks be to God for it and knowing it is appointed fo all men once to die, do make and appoint this my Last Will and Testament.

First, I commit my soul to almight God that gave it and my body to the earth to be buried in a decent Christian manner at the descretion of my Exectors.

Item 1: I give and bequest all my movable estate to my well beloved wife LIDDY STEWART, to use and dispose of at her own descretation.

Item 2: I give and bequest the tenement or tract of land I now live on to my so JOSEPH STEWART and to my son BENJAMIN STEWART, to be equally divided in quanity and quality and I do constitute and appoint my son DAVID STEWART and my son SAMUEL STEWART, my Executors in witness whereof I have hereunto set my hand this 20th day of Aug 1768

In the same year that Samuel made the will, he passed away.

Lydia made her will on Jan 11, 1771, and it was proved at the November court, 1772, in Surry County. The witnesses were Christopher Stanton, Charles Hickerson, and Edward Hughes. She named as executors her sons, David and Samuel Stewart. She asked, "that out of my estate a title be obtained for a certain tract of land on the south side of the Yadkin River adjoining Benjamin Pettit's and James Carson's lands, and if such title can be obtained the same be sold and the value thereof be equally divided unto my beloved sons David, Samuel, John, and Joseph Stewart." She gave her son, Benjamin, "an iron pot now in his possession." I give unto my son Joseph's daughter Lydia a good heifer or a young cow." She gave her bed and furnishings to her grand-daughter Lydia, daughter of her son David. An inventory of her estate, made Feb 12, 1773, amounting to 135-6-10, was presented Feb 16, by David and Samuel Stewart.

This information taken from "The Stewart Clan Magazine" November 1938

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Another site shows a transcription of Lydia's will and says "...adjoining Benjamin and James Herson's lands...." I don't know if this transcription is in error or not, but the Harrison name was quite often spelled Herson or Herison, and could easily have been misinterpreted by later researchers to be "carson". Makes me think I need to go see the original.